1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 CALL TO ORDER MINUTES Board of Veterinary Medicine Florida Hotel and Conference Center 1500 Sand Lake Road Orlando, FL 32809 December 11, 2007 Ms. Chastain, Executive Director, called the meeting to order at 8:06 a.m. The meeting was called to order by the Executive Director due to the fact that the board did not have a Chair or a Vice Chair. MEMBERS PRESENT Dr. Robert O Neil Dr. Sergio Vega Dr. Guy Maxwell Dr. Katherine Horky Lisa Hurley Henry Dover MEMBERS ABSENT Dr. Kandra Jones (excused) OTHERS PRESENT Juanita Chastain, Executive Director Drew Winters, Prosecuting Attorney Jeffrey Jones, Board Counsel Linda Tinsley, Government Analyst American Court Reporting, 407.896.1813 Phil Hinkle, FVMA Dr. Stephen Shores Dr. Donald Denoff Dr. Doretha Jones Mike Chesser Hugh Calderwood Dr. Richard Gallo Lois Kostroski Page 1
46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Dr. Welch Agnew Scott Trabotski Annette Poirier, CVT Dr. Tina Parker Dr. Michael Parker Dr. Kelly Ann Rada Niki Linn Kim Texter ELECTION OF OFFICERS Ms. Chastain advised the board that the floor would be opened for nominations for Chair. Mr. Dover made a motion to nominate Dr. Robert O Neil for Chairman. Dr. Horky seconded the motion. Mr. Dover made a motion for nominations to cease. Dr. Maxwell seconded the motion and the motion passed Dr. O Neil advised the board that the floor would be opened for nominations for Vice Chairman. Dr. Horky made a motion to nominate Henry Dover for Vice Chairman. Dr. Maxwell seconded the motion and the motion passed APPROVAL OF THE SEPTEMBER 11, 2007 MEETING MINUTES Dr. Vega advised the board that on page eight (8) line three hundred and twenty four (324) of the minutes it states that the motion passed five (5) to One (1) but the minutes did not reflect who opposed. He stated that he opposed. Dr. Vega advised the board that on page eight (8) line three hundred and fifty two (352) it stated that the motion passed four (4) to two (2) but the minutes do not reflect who opposed. He stated that Dr. Horky and Dr. Helm opposed. Mr. Dover made a motion to approve the minutes as amended. Page 2
90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 DISCIPLINE Ms. Hurley seconded the motion and the motion passed Philip J. Aleong, DVM: Case number 2003-093234 Mr. Winters advised the board that Dr. Aleong had filed an appeal with the Supreme Court of Florida. He stated that Dr. Aleong s attorney, Mr. Beilly, had filed a motion for stay for the hearing for today. He stated that the stay had not been granted and the Department recommended that the board continue the matter to the March 2008 board meeting. Dr. O Neil advised the board that he recused himself from the hearing and he asked Mr. Dover to continue the hearing. Ms. Hurley made a motion to table the case until the March 2008 meeting. Dr. Horky seconded the motion and the motion passed Animal Rescue Need and Intervention: Case number 2006-012119 Niki Linn and Kim Texter were present at the meeting and they were not represented by counsel. They were sworn in by the court reporter. Mr. Winters presented the case as an Informal Hearing. Mr. Winters advised the board that the administrative complaint alleges that the Respondent s employees prescribed medication, immunized animals for rabies, and treated pets beyond the scope of licensure for a Limited Service Veterinary practice and without a licensed veterinarian. Mr. Winters requested that the board adopt the findings of fact and conclusions of law as the findings of fact and conclusions of law of the board. Dr. Vega made a motion to adopt the findings of fact and conclusions of law as those of the board. Mr. Dover made a motion to impose six (6) months probation, a reprimand, a five hundred dollar ($500.00) fine and costs. Page 3
135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 Ms. Hurley seconded the motion. The motion passed five (5) to one (1) Dr. Horky opposed. Timothy P. Brooks, DVM: Case number 2005-052685 Dr. Brooks was present at the meeting and was represented by counsel, Bryan Reynolds. Dr. Brooks was sworn in by the court reporter. Mr. Winters presented the case as a Settlement Stipulation. Mr. Winters advised the board that the administrative complaint alleges that the Respondent delegated responsibilities to a person who was not qualified by training, experience, or licensure to perform them. Mr. Winters advised the board that the Department recommended a one thousand dollar ($1000.00) fine, eight hundred and twenty nine dollars and thirty six cents ($829.36) in costs, six (6) months probation and a reprimand. Mr. Dover made a motion to accept the Settlement Stipulation as presented. Dr. Maxwell seconded the motion and the motion passed Glenn T. Larkins, DVM: Case number 2005-054901 Dr. Larkins was not present at the meeting and was not represented by counsel. Mr. Winters presented the case as an Informal Hearing. Mr. Winters advised the board that the administrative complaint alleges that the Respondent failed to administer to the patient insulin twice a day in twelve (12) hour intervals and failed to keep adequate medical records during the treatment of the patient. Mr. Winters requested that the board adopt the findings of fact and conclusions of law as the findings of fact and conclusions of law of the board. Mr. Winters advised the board that the Department recommended a fifteen hundred dollar ($1500.00) fine, four hundred and ninety dollars and seventy cents ($490.70) in costs, six months probation, and take the laws and rules exam at her own expense. Page 4
180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 Dr. Vega made a motion to impose a three thousand five hundred dollar fine ($3500.00), one thousand and eighty one dollars and twenty five cents ($1081.25) in costs, two (2) years probation, and four (4) additional hours of continuing education in internal medicine approved in advance by Dr. Vega and he must complete continuing education in six (6) months. Andrew B. Rappaport, DVM: Case number 2007-023573 Dr. Rappaport was not present at the meeting and was not represented by counsel. Mr. Winters presented the case as a Settlement Stipulation. Mr. Winters advised the board that the administrative complaint alleges that the Respondent failed to complete the mandatory continuing education hours as required for renewal of his license and he fraudulently renewed his license by indicating that he had fulfilled the continuing education requirements. Mr. Winters advised the board that Dr. Rappaport would relinquish his Florida license to practice veterinary medicine. Dr. Horky made a motion to accept the Settlement Stipulation as presented. Dr. Maxwell seconded the motion. The motion passed five (5) to One (1) Dr. Vega opposed. Mr. Dover asked that a copy of Dr. Rappaport s order be sent to the state of Conneticut. Mary Teresa Schenk, DVM: Case number 2006-035914 Dr. Schenk was not present at the meeting. Dr. Schenk was represented by counsel, Bryan Reynolds. Mr. Winters presented the case as a Settlement Stipulation. Mr. Winters advised the board that the administrative complaint alleges that the Respondent failed to inform the owner of the treatment options and alternatives, not using the Page 5
225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 appropriate treatment, and not responding to the patient s reaction with the appropriate measures. Mr. Winters advised the board that the Department recommended a fifteen hundred dollar ($1500.00) fine, one thousand fifty three dollars and twenty one cents ($1053.21) in costs, and one (1) year probation. Dr. Horky made a motion to accept the Settlement Stipulation as presented. Dr. Vega seconded the motion and the motion passed Christina Marta Comartin, DVM: Case number 2006-050458 Dr. Comartin was not present at the meeting and was not represented by counsel. Mr. Winters presented the case as a motion for Waiver of Rights and Final Order. Mr. Winters advised the board that the administrative complaint alleges that the Respondent failed to keep contemporaneous and individual medical records of the puppies Respondent examined and inspected and she did not retain the veterinarian copy of the OCVI s issued at the Pet store or maintain any other medical records. Mr. Dover made a motion that Dr. Comartin had waived her rights to a hearing. Dr. Horky seconded the motion and the motion passed Mr. Dover made a motion to adopt the findings of fact and conclusions of law as those of the board. Ms. Hurley seconded the motion and the motion passed Mr. Dover made a motion to impose a fifteen hundred dollar ($1500.00) fine, four hundred and ninety dollars and seventy cents ($490.70) in costs, six (6) months probation and take and pass the laws and rules exam at her own expense within the next six (6) months. Page 6
270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 Dr. Horky seconded the motion and the motion passed Donald Denoff, DVM: Case number 2006-068710 Dr. Denoff was present at the meeting and was represented by counsel, Ed Bayo. Dr. Denoff was sworn in by the court reporter. Mr. Winters presented the case as an Informal Hearing. Mr. Winters advised the board that the Respondent failed to remit payment of the administrative fine and costs which was required on or before June 26, 2006. Mr. Winters requested that the board adopt the findings of fact and conclusions of law as the findings of fact and conclusions of law of the board. Ms. Hurley made a motion to adopt the findings of fact and conclusions of law as those of the board. Dr. Horky seconded the motion and the motion passed Dr. Vega made a motion to impose costs of one hundred and ninety one dollars and fifty one cents ($191.51). Ms. Hurley seconded the motion and the motion passed Andrew Michael Newman, DVM: Case number 2006-062006 Dr. Newman was not present at the meeting and was not represented by counsel. Mr. Winters presented the case as a Motion for Waiver of Rights and Final Order. Mr. Winters advised the board that the administrative complaint alleges that the Respondent failed to provide surgical techniques and post-operative treatment to the patient and failed to keep adequate medical records. Mr. Winters advised the board that the Respondent had failed to respond and had not disputed the material facts. Dr. Maxwell made a motion that Dr. Comartin had waived his rights to a hearing. Page 7
315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 Mr. Winters requested that the board adopt the findings of fact and conclusions of law as the findings of fact and conclusions of law of the board. Dr. Vega made a motion to adopt the findings of fact and conclusions of law as those of the board. Dr. Vega made a motion to impose a thirty five hundred dollar fine ($3500.00) fine, one thousand one hundred and fifty five dollars and seventy seven cents ($1155.77) in costs, two (2) years probation, and four (4) hours of continuing education in surgery which must be pre-approved by Dr. Vega. Hugh Calderwood, DVM: Case number 2006-042107 Dr. Calderwood was present at the meeting and represented by counsel, Ed Bayo. Dr. Calderwood was sworn in by the court reporter. Mr. Winters presented the case as a Settlement Stipulation. Mr. Winters advised the board that the administrative complaint alleges that the Respondent failed to perform the appropriate diagnostic workup and treatment to the patient and the Respondent failed to keep adequate medical records during the treatment of the patient. Mr. Winters advised the board that the Department recommended a one thousand dollar ($1000.00) fine, one thousand one hundred and sixty four dollars and forty one cents ($1164.41) in costs and six (6) months probation. Dr. Vega made a motion to accept the Settlement Stipulation as presented. Alejandro A. Diaz, DVM: Case number 2004-020890 Dr. Diaz was not present at the meeting and was not represented by counsel. Page 8
360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 Mr. Winters presented the case as a Settlement Stipulation. Mr. Winters advised the board that the Respondent was required to make an appearance as one of the requirements of the Settlement Stipulation. Ms. Hurley made a motion to reject the Settlement Stipulation due to no appearance by the Respondent and the case will be sent to the Division of Administrative Hearings. Dr. Vega seconded the motion and the motion passed Richard Gallo, DVM: Case number 2005-042914 Dr. Gallo was present at the meeting and was represented by counsel, Christopher M. Galeta. Dr. Gallo was sworn in by the court reporter. Mr. Winters presented the case as a Settlement Stipulation. Mr. Winters advised the board that the administrative complaint alleges that the Respondent failed to treat the patients upper canine tooth within the appropriate standard of care, failed to keep adequate medical records and failed to maintain an accurate controlled substance log. Mr. Winters advised the board that the Department recommended a one thousand dollar ($1000.00) fine, one thousand four hundred and seventy seven dollars and thirty three dollars ($1477.33) in costs, one (1) year probation, and three (3) hours of continuing education in small animal surgery. Dr. Vega made a motion to accept the Settlement Stipulation as presented. Dr. Horky seconded the motion. The motion passed four (4) to two (2) Dr. O Neil and Mr. Dover opposed. Doretha Jones, DVM: Case number 2006-020430 Mr. Winters advised the board that the case had been pulled from the agenda. Gary Clark Pait, DVM: Case number 2006-050388 Dr. Pait was not present at the meeting and was not represented by counsel. Page 9
404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 Mr. Winters presented the case as a Settlement Stipulation. Mr. Winters advised the board that the administrative complaint alleges that the Respondent failed to keep contemporaneous and individual medical records of the puppies he inspected when he did not retain the veterinarians copy of the OCVI. Mr. Winters advised the board that the Department recommended a seven hundred and fifty dollar ($750.00) fine, two hundred and fifty nine dollars and forty cents ($259.40) in costs, and three (3) hours of continuing education in record keeping. Mr. Dover made a motion to accept the Settlement Stipulation as presented. Dr. Vega seconded the motion and the motion passed Ross Michael Valdez, DVM: Case number 2005-040819 Dr. Valdez was present at the meeting and was represented by counsel, Bryan Reynolds. Dr. Valdez was sworn in by the court reporter. Mr. Winters presented the case as a Settlement Stipulation. Mr. Winters advised the board that the administrative complaint alleges that the Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and failed to include physical examinations in the medical records during the treatment of the patient. Mr. Winters advised the board that the Department recommended a fifteen hundred dollar ($1500.00) fine, one thousand one hundred and thirty eight dollars and sixty one cents ($1138.61) in costs, and one (1) year probation. Mr. Dover made a motion to accept the Settlement Stipulation as presented. Dr. Horky seconded the motion and the motion passed Stephan W. Zuercher, DVM: Case number 2005-005356 The case was continued until the March 2008 meeting. Page 10
449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 RATIFICATION OF APPLICATIONS Continuing Education Dr. Vega made a motion to approve the following continuing education applications. Alachua Veterinary Medical Association Feline Lower Urinary Tract Disease 1.5 hours Innovative Parasite Control for Dogs and Cats 1 hour Mobile Veterinary Medical Association Canine and Feline Vaccination in 2007: Progressive Practices for Practices 2 hours Affiliated Veterinary Specialists Orange Park Tibial Tuberosity 2.5 hours Pubic Urethrostomy 2 hours Florida Department of Health/Epidemiologist Florida Zoonosis Summit 7.5 hours Pfizer, Inc (AHG) Current Concepts in Diagnostic Imaging 11 hours Banfield the Pet Hospital Law affecting Drug Use by Veterinarians 2 hours Merial Feline Vaccination in 2007 1 hour Licensure/Exam Candidates Senior Graduates Ms. Hurley made a motion to approve the following exam/licensure candidates. Dr. Vega seconded the motion and the motion passed Allison L. Butt, Adam C. Eichelberger, William R. Gregory, Kerston B. Johnson, Beatriz Perez, Vienna Y. Slava, Elizabeth A. Williams, Amy E. Wilson AVMA Graduates Sarah J. Gold, Visarion C. Muresan Foreign Graduates with ECFVG Hasan Abasan, Ada M. Fernandez, Devendra Godara, Gerson A. Herrera, Radha Konda, Myri-Ann N. Melendez, Jamie Mc Anly, Aaron L. Thivierge Page 11
494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 Endorsement Caroline Bevins-Taylor, Margaret Ann Federhart-Myers, Mary Ann Hollick, Janis P. Howard, Jean Stuart Hovis, Mark R. Klinefelter, Megan Michele Lamon, Duane Scott Reed, Lyle K. Schulthesis, Kathy K. Seino, William M. Watson, Warren W. White PROBATION APPEARANCE Michael Parker, DVM and Tina Parker, DVM Dr. Michael and Tina Parker were present at the meeting and they were not represented by counsel. They were sworn in by the court reporter. Dr. O Neil advised the board that Dr. Michael and Tina Parker had not sent in their biannual reports by certified mail and they had not paid the one thousand dollars in costs as required in the Final Order. Ms. Hurley asked what the board s options were. Mr. Winters stated that he would take the appropriate action. DISCUSSION Mr. Dover made a motion to accept Dr. Michael Parker and Dr. Tina Parkers probation appearance. Ms. Hurley seconded the motion and the motion passed Proposed Rule 61G18-15.0011- Duties of the Responsible Veterinarian Mr. Bayo advised the board that on behalf of the FVMA he had been involved in discussions with the Drugs, Devices and Cosmetics Program at the Department of Health regarding the definition of the term authorized recipient for the purpose of whole sale drug distribution. He stated that the Department of Health proposed a rule amendment defining an authorized recipient which would make a premise permit not an authorized recipient. Mr. Bayo advised the board that if the Department of Health s proposed rule is implemented the situation would be that every veterinarian in the practice would have to order and keep track of their own drugs. Mr. Bayo advised the board that he had drafted rule language outlining the duties of the responsible veterinarian. Mr. Bayo asked the board to approve the language and initiate the rule making process. Page 12
539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 Ms. Hurley made a motion to approve language for Rule 61G18-15.0011, F.A.C. Duties of the Responsible Veterinarian Regarding Prescription Drugs, and the rule making process would be initiated by Chair and Board Counsel as soon as negotiations with the Department of Health conclude that the rule language would suffice. Dr. Vega seconded the motion and the motion passed Premises Permit Self Inspection Ms. Chastain advised the board that the biennial self inspection audit is a work load issue that does not accomplish a lot. She stated that she had talked to the Division of Regulation and asked if they could do a site inspection every two (2) years. Ms. Chastain advised the board that in their materials folder there was a memo from the Division of Regulation outlining the inspection program. Ms. Chastain advised the board that the board would repeal the rule provision for the self inspection. She stated that if the board agreed the Department could begin the inspection program in July and all clinics would be inspected every two (2) years. She stated that the random 1% of premises inspections would stay in place. Ms. Chastain advised the board that the sixty dollar ($60.00) inspection fee would remain the same. Mr. Winters advised the board that the self inspection form serves very little purpose. He stated that if a violation is found during the routine five (5) year inspection and they have answered yes on the self inspection sheet the only violation would be fraud. He stated that fraud requires an intent and the self inspection form does not justify the ability to establish an intent. Mr. Winters stated that the self inspection audit is a work load issue that generates a lot of paper work that had little or no benefit. He stated that the Department had seen an increase in the number of drug log and other establishment problems in the last few years. He stated that there were a number of responsible veterinarian issues. He stated that the responsible veterinarians are not notifying the Department within sixty days and problems finding out who the responsible veterinarian is. Mr. Winters stated that the Department is finding these issues through on site inspections and they are only found every five (5) years. He stated that the ability to inspect every two (2) years is not going to over task our investigative staff and it is a good use of our facilities at the Department. Mr. Winters advised the board that he is in support of the two (2) year change in inspections and the Department from a prosecutorial standpoint does support the movement. Page 13
584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 Dr. O Neil stated that he had spoken to the inspectors in the past and advised the inspectors that the board was not out to punish the veterinarians the board but out for compliance. He stated that the inspectors agreed that if there was a minor violation they would encourage compliance. Dr. Shores advised the board that the practicing veterinarians should have some notice of this and some opportunity to have a discussion with the board before it is implemented. Dr. Shores asked the board if they start rule making today what is the rule making process and what time if any do the practicing veterinarians have the opportunity to discuss with the board. Mr. Jones advised Dr. Shores that the first step is to notice that a change will be made to a particular section to the rule. He stated that the process probably will go beyond the next board meeting. Dr. Maxwell advised the board that a letter could be sent to the establishments to make them aware of the change that will take place. Ms. Chastain stated that she would be happy to send a letter showing the change in the rule and information on the implementation date. Dr. Vega advised the board that he felt the only way that the board could ensure clinics are in compliance is by an on site inspection. REPORTS Ms. Hurley made a motion to direct board counsel to start the rule making process for Rule 61G18-15.005 relating to inspections of facilities to change self inspections to onsite inspections. Executive Director Juanita Chastain Ms. Chastain advised the board that she was in the process of preparing a newsletter. She stated that if there was something the board wanted in the newsletter to let her know. She advised the board that the financial report was in their folders and financially the board was doing fine. Ms. Chastain advised the board that she wanted to present to Dr. O Neil a plaque for his previous service on the board. Page 14
629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 Board Counsel Jeffrey Jones Mr. Jones reviewed his report with the board. Prosecuting Attorney Drew Winters Mr. Winters reviewed his report with the board. Dr. O Neil thanked the board for putting their trust in him again as chairman. He stated he valued their judgment and input and it was an honor to be chairman of the board. NEW BUSINESS Dr. O Neil advised the board that he wanted to start sending the final orders to the additional states that the licensee is licensed in. Mr. Winters and Ms. Chastain stated that they would work together to get the orders sent to the additional states. Dr. Vega made a motion to adjourn. Ms. Hurley seconded the motion and the motion passed The meeting adjourned at 11:45 a.m. Page 15
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